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Settlement of matrimonial property in the probate proceedings
Otradovcová, Zuzana ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
Settlement of matrimonial property in the probate proceedings The purpose of this final thesis entitled "Settlement of matrimonial property in the probate proceedings " is to describe and analyse the rules governing the settlement of the community of property in the probate proceedings and to describe the current legal regulation, including a confrontation of some opinions in the doctrine. The first chapter contains the definition of the concept of community property, the second chapter is about historical development from the General Civil Code to the present day, where both the possibilities of matrimonial property arrangement and the subsequent settlement of this community are described. The third chapter describes the procedural procedure in the probate proceedings for the settlement of the matrimonial property and also describes the protection of the surviving spouse. The fourth chapter describes the different ways of settlement of matrimonial property in the probate proceedings, i.e. the agreement of the surviving spouse and the heirs or a court decision, and also deals with the situation of dissolved but unsettled community property. The brief fifth chapter deals with the situation of registered partners. The final chapter is about comparison with the French legislation, first describing the...
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Reproductive rights of women in the countries of the Visegrad Convention
Žaloudková, Dominika ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
The topic of this thesis is women's reproductive rights in the Visegrad Group countries, focusing mainly on the issue of abortion. It compares the various legal regulations of these countries in the field of abortion legislation, from the beginning of the 20th century to the present day. All the countries compared share a similar history to some extent, yet each has developed differently since 1989. The thesis is structured into 8 chapters. The first chapter presents the issue of reproductive rights in general and their historical development. The second chapter defines the terms related to artificial termination of pregnancy, followed by a brief description of the methods of performing abortions and finally it presents the two main currents of opinion of the professional community regarding abortion. The third chapter focuses on the right to abortion as a human right. It describes how the various fundamental human rights conflict when performing an abortion. The following four chapters are devoted to the specific legislation of the Visegrad Group countries - the Czech Republic, Slovakia, Poland and Hungary. Each chapter describes in detail the development of abortion legislation and the processes that preceded it. At the same time, the most problematic parts of the legislation are highlighted, as...
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Late payment interest and contractual penalty in theory and practice
Voborský, Jan ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
in English, Title and Keywords Late payment interest and contractual penalty in theory and practice This diploma thesis is concerned with late payment interest, contractual penalty and their mutual comparison. Late payment interest and contractual penalty are both very important and frequently used institutes of civil law. Both of them show many similarities on one hand, but on the other hand they also have many differences. I address this similarities and differences specifically in the third part of my thesis, where I not only explore the differences that can be easily recognised from the text of the Civil code itself (e.g., how these legal institutes arise) but also the finer nuances, which are often the subject of expert/scholar discussion or arise only in the complex legal disputes (e.g., which function should prevail in the given institution). However, before I could compare these two institutes, it was necessary to describe each of them individually. I deal with this in the first two parts of my work. In the part of my thesis concerning late payment interest, I focused on describing its functions, conditions which must be met in order to the right on late payment interest arise and the determination of its amount. Regarding the determination of its amount, I describe both the automatic...
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Legal development of marriage in the Czech Republic
Kříž, David ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
1 Legal development of marriage in the Czech Republic Abstract This thesis deals comprehensively with the individual regulations of marriage, i.e. the process of marriage in the Czech Republic. The first part of the thesis is devoted to historical regulations, starting with marriage in the originally common society and then Slavic marriage customs, Catholic regulation of marriage, subsequent changes under Maria Theresa and Joseph II, especially the regulation in the ABGB, the First Republic regulation in the Czechoslovak Divorce Act 1919, changes under the Protectorateof Bohemia and Moravia and finally theregulation in the communist family codes, respectively the Family Law Act 1949 and the Family Law Act 1963 including subsequent amendments. At the end of the first part, there is both an evaluation of the individual regulations and an analysis of which institutes are repeated through the history of marriage and which have not outlived their time or are no longer relevant in today's society. The second part of the thesis deals in detail with the legal regulation of marriage in the Czech Civil Code and the related regulation in the Czech Registry Act. In particular, the definition of marriage, the eligibility to marry, the issue of prenuptial proceedings, the marital declaration of the spouses including the...
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Interference with bodily integrity
Kostková, Tereza ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
1 Interference with bodily integrity Abstract This master's thesis deals with the interference with bodily integrity of a person, focusing mainly on interference with bodily integrity in the provision of health services. The main aim of this thesis is to theoretically analyse the issue of interference with bodily integrity in the light of current Czech legislation and relevant conclusions of judicial practice of Czech and European courts. The sub-objective is then to explain the basic theoretical concepts, introduce sources of law in the field of interference with integrity and to provide a possible de lege ferenda solution to the practical problem of the defendant health care provider's burden of proof. The thesis is divided into six parts. The first part deals with human integrity and its protection in general. Specifically, it deals with the general aspects and general principles of the protection of the right to integrity. The second part identifies the basic theoretical concepts that will be used extensively in the context of the whole thesis, namely the notion of interference with integrity, the notion of the patient, the physician, and their relationship with each other. The third part introduces international, European and the Czech sources of legal regulation in the field of interference with...
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Acquisition of ownership title from a non-entitled person
Vojíř, Jakub ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
Acquisition of ownership title from a non-entitled person This thesis deals with the institute of acquisition of ownership title from a non-entitled person with focus on the acquisition of movable property. The purpose of this institute is to compensate for the lack of the transferor's title to transfer the ownership right in certain justified cases. Acquisition of ownership title from a non-entitled person is an original way of acquiring property right and leads to the breaking of the legal principle nemo plus iuris ad alium transfere potest quam ipse habet - no one can transfer more rights to another than they possess themselves. Although almost ten years have passed since the new legal regulation, which introduced this institute in its current scope into the Czech legal system, has come into force, it is still possible to encounter a number of uncertainties accompanying this legal regulation. It is precisely their numerous occurrences that point to the need for a critical examination of this regulation. The subject is therefore still up to date and the case-law is constantly evolving. In particular, conclusions concerning the requirements of bona fides on the part of the purchaser must be sought primarily in the decision-making practice of the courts. The thesis consists of an introduction, four...
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Limits of the testator's will
Horejcová, Lucie ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
Limits of the testator's will The principle of autonomy of will is one of the fundamental principles of the law of succession. It is a respect for human personality. The aim of this thesis is a comprehensive introduction to the concept of the autonomy of the testator's will and its limits. This is achieved in five main chapters. The first chapter introduces the reader to the law of succession in general and then to its principles, which is important for a better understanding of the whole issue. The second chapter focuses on the initial enshrinement of the principle of autonomy of the will in Roman law and the subsequent development of this principle throughout modern history, especially in the General Civil Code and subsequently in the civil codes of the twentieth century. The institutions by which the testator has been able to express his will throughout history are described and compared with each other. The third chapter concerns the new Civil Code. This current legislation is very different from the previous ones. It provides for a very detailed regulation of the law of succession and gives the testator a wide range of options as to how he can express his will and dispose of his property in the event of death. In this chapter, I analyse the different acquisitions in case of death and their...
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The Substance of the Right of Usufruct
Czinege, Matěj ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
The Substance of the Right of Usufruct Abstract This thesis deals with the content of the right of usufruct, i.e. its substance. It defines it on the basis of an analysis of the rights and obligations of both the usufructuary and the bare owner. It looks more closely at the issue of the principle of salva rerum substantia and its significance for usufruct as such. It shows that this principle applies as a limitation on the usufructuary's enjoyment of the thing. The thesis then turns to the duty of the usufructuary to maintain the thing and puts it in context with the duty to maintain the thing. The present work defines the individual rights of the usufructuary and also his obligations under the law. It also looks in more detail at the duty of the usufructuary to hand over the thing after the usufruct is over. It does not overlook the special position of the usufructuary in the case of a usufruct over fungible fungible things and principal deposited at interest. It also deals similarly with the rights and obligations of the bare owner, particularly in relation to the subject-matter of the usufruct and the usufructuary. In many respects, the work brings new insights into Czech legal scholarship regarding the institution of usufruct. It defines in more detail the terms substance and form in relation to...
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Relative Ineffectiveness of Legal Actions in a Comparative Perspective
Janoušková, Anežka ; Elischer, David (referee)
1 Relative Ineffectiveness of Legal Actions in a Comparative Perspective Abstract The thesis at hand deals with Sections 589 to 599 of the Civil Code which governs the relative ineffectiveness of legal acts. Thus, it probes provisions designed to legally and economically protect the creditor from a fraudulent conveyance of a debtor. The aim of the thesis is to interpret the afore-said provisions in a way that would comply with the sense and purpose of the explored legal institution. In that respect, an emphasis is laid on a comparative analysis of Austrian and German approach both having tradition lasting more than 130 years. On top of that, the thesis describes the conception adhered to in the Czech territory between 1950 and 1964 and especially before 1950 when the Acts on the right to contest were in effect. The knowledge gained is subsequently confronted with the current Czech legal doctrine and case-law of the highest courts that relates to the interpretation of Sec. 42a of the Civil Code from 1964. The author tries to examine and eventually reassess the existing approach in the light of comparative findings. Especially recent case-law of the Supreme Court of the Czech Republic is being deeply analysed. Those conclusions which mostly comply with the meaning of law and its purpose are being preferred....
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Damages for Breach of Contractual and Non Contractual Duty in Civil Law
Janoušková, Anežka ; Dvořák, Jan (advisor) ; Elischer, David (referee) ; Petrov, Jan (referee)
Damages for Breach of Contractual and Non-Contractual Duty in Civil Law - Abstract The thesis at hand deals with liability for non-performance of a contract and liability in tort. The new Civil Code abandoned the general rule of Sec. 420 of Act No. 40/1964 Coll., which did not distinguish between contractual and non-contractual liability. The new Civil Code thus provides for two different liability regimes depending on whether the wrongdoer and the victim entered into a contract (or similar obligation) or not. While liability in tort is governed by Sec. 2909 and 2910 CC, contractual liability is stipulated in Sec. 2913 CC. The thesis strives to examine this important change in its complexity when emphasis in being put onto the theoretical, comparative and historical context. Firstly, the thesis provides for the basic theoretical background of liability in civil law and looks at the foundations of its division into contract and tort. The author further dives into the topic from a comparative perspective. Given the inspirational sources of the Czech Civil Code, the thesis focuses mainly on German and Austrian approach. The thesis also gives a brief summary of the historical development in the Czech civil law. The main part of the thesis focuses on the relevant provisions, their relationship and conditions for...
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